EPA v. JASPER ALLEN

Case summary

9/22/14 - ADMINISTRATIVE COMPLIANE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S., INCLUDING APPROX 3.9 ACRES OF WETLANDS LOCATED IN ALMA, BACON COUNTY, GA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A FARM POND. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF THE 66-ACRE TRACT LOCATED AT 0 SOYBEAN ROAD IN ALMA, BACON COUNTY, GA, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT JAN 2012, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DURING THE EXCAVATION AND CONSTRUCTION OF A FARM POND THAT IS EXEMPT PURSUANT TO CWA 404(f)(C) DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY. THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO WETLANDS, WHICH BROUGHT THE NAVIGABLE WATERS INTO A USE TO WHICH IT WAS NOT PREVIOUSLY SUBJECT, COMBINED WITH THE RESULTANT REDUCTION IN REACH OF THE WETLANDS TRIGGERS THE SECTION 402(f)(2) RECAPTURE PROVISION OF THE CWA AND THEREFORE IS NOT EXEMPT. RESPONDENT'S ACTIVITIES IMPACTED APPROX 3.9 ACRES OF FORESTED WETLANDS THAT ARE ADJACENT TO AN UNNAMED TRIBUTARY OF TENMILE CREEK, WHICH FLOWS 14 MILES THRU TENMILE CREEK, AND HURRICANE CREEK, BEFORE JOINING THE ALABAHA RIVER, A NAVIGABLE-IN-FACE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JAN 2012 TO THE PRESENT DID RESPONDENT POSSESS UNDER SECTION 404 OF THE CWA A PERMIT AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL PLACED IN JURISDICTIONAL WETLANDS. AGREEMENT: WITHIN 60 DAYS, RESPONDENT SHALL REMOVE APPROX 3.9 ACRES OF DREDGED AND/OR FILL MATERIAL FROM THE WETLANDS ON THE SITE IN ACCORDANCE WITH THE AUG 2014 RESTORATION PLAN. FILL MATERIAL SHALL BE PLACED IN AN APPROPRIATE UPLAND LOCATION. WITHIN 30 DAYS AFTER COMPLETION OF THE REMOVAL OF DREDGED AND/OR FILL MATERIAL, RESPONDENT SHALL SUBMIT TO EPA A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION.

Defendants (1)

• JASPER ALLEN (SB)Named in settlement

Facilities (1)

• WETLANDS (JASPER ALLEN PROPERTY B)

  SOYBEAN ROAD, ALMA, GA, 31510

  Registry ID: 110058290656

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• JASPER ALLENentered 2014-09-22

  Primary law: CWA

Timeline (2 milestones)

• 2014-09-09Enforcement Action Data Entered
• 2014-09-22Final Order Issued